Frames and Trusses (NSW) Pty Ltd Summary

[2022] FWCA 4274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Frames and Trusses (NSW) Pty Ltd

(AG2022/4715)

Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 DECEMBER 2022

Application for approval of the Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Frames and Trusses (NSW) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 5 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Division), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frames and Trusses (NSW) Pty Ltd, the applicant, sought the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the respondent, for its employees. The Fair Work Commission was the court which heard the matter. The primary dispute centred on whether the agreement was made in good faith, for the purpose of determining the terms and conditions of employment, and whether it met the criteria for approval under the Fair Work Act 2009.

The court considered several legal issues, including whether the agreement was genuinely negotiated between the parties, if it provided for a fair and efficient means of resolving disputes, and if it was in the best interests of the employees. The applicant argued that the agreement was the product of genuine negotiations and met all the statutory requirements for approval. The respondent contended that the agreement failed to meet certain conditions, particularly regarding the resolution of disputes and the protection of employees' rights.

The Commission determined that the agreement was indeed the result of genuine negotiations between the parties, and it satisfied all the criteria for approval under the Fair Work Act. The Commission was satisfied that the agreement provided for a fair and efficient means of resolving disputes and was in the best interests of the employees. The Commission noted that the agreement included provisions for the resolution of disputes through conciliation and arbitration, and that it provided for the protection of employees' rights in terms of working conditions, wages, and other benefits. The Commission also found that the agreement did not unfairly disadvantage any party and was consistent with the principles of the Act.

The Fair Work Commission approved the Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022, finding it to be genuinely negotiated and meeting all the statutory requirements for approval. The agreement was deemed to be in the best interests of the employees, providing for a fair and efficient means of resolving disputes and protecting their rights. The decision confirms that the agreement is legally binding and will govern the terms and conditions of employment for the employees of Frames and Trusses (NSW) Pty Ltd.

Frames and Trusses (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established